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A T visa allows victims of sex trafficking to remain in the United States for up to four years while they recover and assist law enforcement. If you were forced, deceived, or coerced into commercial sex acts, you may qualify even if you entered without permission or later fell out of status. However, the USCIS still requires you to be admissible or qualify for a waiver of any inadmissibility grounds. Congress created the T visa for sex trafficking victims in October 2000 as part of the Victims of Trafficking and Violence Protection Act.
There are important details every applicant should understand before filing. You must generally cooperate with law enforcement, but exceptions exist for minors and survivors who experienced severe trauma. The T visa also provides a path to a green card after three years and opens the door to federal and state benefits, employment authorization, and derivative status for qualifying family members.
At Shankar & Associates PC, New York T visa immigration lawyer Rajat (Raj) Shankar helps trafficking survivors on Long Island and throughout New York tackle the T visa process. Our Nassau County immigration lawyers understand the sensitivity of these cases and provide trauma-informed guidance from initial filing through approval.
This guide explains what a T visa is, who qualifies, how to apply, and what benefits you can receive as a trafficking survivor. Call Shankar & Associates PC at (800) 461-1467 for a consultation.
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Under the Victims of Trafficking and Violence Protection Act of 2000, sex trafficking occurs when someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for a commercial sex act through force, fraud, or coercion. A commercial sex act is any sex act where something of value is exchanged. Under 22 U.S.C. § 7102, federal law recognizes two categories of severe trafficking: sex trafficking and labor trafficking.
For adult victims, the government must establish that force, fraud, or coercion was involved. Force includes physical violence, confinement, or restraint. Fraud involves deception about working conditions, pay, or the nature of the work. Coercion covers threats of serious harm, abuse of the legal process, and schemes designed to make victims believe they will suffer consequences for refusing to comply.
For victims under 18, force, fraud, or coercion does not need to be shown to establish sex trafficking under federal law. Federal law recognizes that minors cannot legally consent to commercial sex acts, so any person under 18 who is induced to perform such acts is automatically considered a victim of a severe form of trafficking.
It is also important to understand that you do not need to have actually performed the sex act to qualify. You also may still qualify even if you did not perform a commercial sex act, as long as you can show you were recruited, transported, harbored, provided, obtained, patronized, or solicited for the purpose of being subjected to sex trafficking.
Key Takeaway: Sex trafficking under federal law involves force, fraud, or coercion to induce a commercial sex act. Victims under 18 do not need to prove force, fraud, or coercion because minors cannot consent. Even attempted trafficking may qualify.
To qualify for T nonimmigrant status, you must meet four requirements established under the Immigration and Nationality Act (INA). Each element must be supported by credible evidence, and U.S. Citizenship and Immigration Services (USCIS) applies a preponderance of the evidence standard when reviewing applications.
You must demonstrate that you experienced sex trafficking as defined under the TVPA. This includes situations where you were forced into prostitution, coerced into performing commercial sex acts, deceived into traveling to the United States for what you believed was legitimate work, or exploited through debt bondage tied to sexual services. The USCIS considers a wide range of evidence, including your personal statement, medical records, police reports, photographs, and affidavits from service providers.
You do not need to have been transported across international borders to qualify. Trafficking that occurs entirely within New York counts, including exploitation within Nassau County communities, along transit corridors on Long Island, or in any other part of the state.
You must be physically present in the United States, a U.S. territory, or at a port of entry at the time you file your application. Your presence must be connected to the trafficking. This requirement can be met even if you entered the country voluntarily and were trafficked after arrival, or if you escaped the trafficking situation some time ago. If you have been out of the trafficking situation for an extended period, you may need to show that you remain in the country because of trauma, fear of retaliation, or other consequences of the trafficking.
You must show that you complied with any reasonable request from law enforcement to assist in the detection, investigation, or prosecution of your trafficking case. This can include reporting the crime to federal, state, or local agencies such as the Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), or the Nassau County District Attorney’s Office.
There are two important exceptions. If you were under 18 at the time of the trafficking, you are not required to cooperate with law enforcement. If you experienced severe physical or psychological trauma that prevents cooperation, the trauma exception may apply. This exception recognizes that some survivors cannot safely or realistically participate in an investigation.
You must demonstrate that you would experience extreme hardship involving unusual and severe harm if you were deported. Factors USCIS may consider include the likelihood of being re-trafficked, potential retaliation from your trafficker, lack of adequate services or legal protection in your home country, and the severity of physical or psychological harm you would face upon return.
Shankar & Associates PC can review your situation against the four T visa requirements, identify helpful evidence, and prepare a strong filing that clearly addresses USCIS standards. Call (800) 461-1467 to speak with an attorney and get started.
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The application process involves filing specific forms with USCIS, gathering supporting evidence, and preparing a detailed personal statement. The USCIS does not charge a filing fee for Form I-914, and many trafficking-related benefit requests may qualify for a fee exemption under USCIS fee guidance, depending on what you file.
The primary form is Form I-914, Application for T Nonimmigrant Status. Along with the I-914, you should consider including the following:
USCIS is instructed to accept any credible evidence when reviewing T visa applications. Useful documentation may include police reports, medical records documenting injuries or psychological trauma, photographs, communications with your trafficker, pay stubs or receipts, affidavits from social workers or counselors, and letters from advocacy organizations.
A DHS final rule that took effect on August 28, 2024 updated the Bona Fide Determination (BFD) framework for T visa applications filed on or after that date. Under 8 C.F.R. § 214.205, USCIS conducts an initial review of your application to determine whether it is bona fide. If USCIS determines that your application is bona fide, meaning it appears properly filed, credible, and complete enough for initial review, USCIS may grant deferred action and employment authorization while the full T visa application is adjudicated.
This is a significant benefit because T visa processing times can be lengthy. If you have a final order of removal, deportation, or exclusion, and USCIS determines your application is bona fide, USCIS automatically stays the execution of that final order while the case is pending (until any adverse decision becomes final).
Raj Shankar can prepare and file your I-914 packet, help collect supporting records and a clear personal statement, and include the right forms to request work authorization under the bona fide determination process. Call Shankar & Associates PC today at (800) 461-1467 to discuss next steps and start your application.
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T non-immigrant status offers several protections and benefits that help survivors rebuild their lives. These benefits extend beyond simple immigration status and can provide a foundation for long-term stability.
Benefit | Details |
Legal status | Permission to remain in the United States for up to 4 years |
Employment authorization | Work permit issued upon approval of T status |
Federal and state benefits | Many survivors can qualify for benefits to the same extent as refugees, but access is often tied to an HHS certification/eligibility letter |
Derivative status for family | Eligible family members can receive their own T visa status |
Path to a green card | May apply for lawful permanent residence after 3 years of continuous presence |
Protection from removal | A bona fide determination can help prevent removal while the T visa case is pending (especially for people with a final order) |
If you are under 21, you may apply for derivative T visa status for your spouse, children, parents, and unmarried siblings under 18. If you are 21 or older, you may apply for your spouse and children. Family members who face a present danger of retaliation as a result of your escape or cooperation with law enforcement may also qualify, regardless of where they currently live.
To include family members, you must file Form I-914, Supplement A, for each qualifying family member. This form can be submitted at the same time as your main application, while your application is pending, or after you receive T status. Derivative family members are eligible for employment authorization and the same federal and state benefits available to principal T visa holders.
After maintaining T nonimmigrant status for three years of continuous physical presence in the United States, you may be eligible to apply for lawful permanent residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status. You may also qualify earlier if the investigation or prosecution of your trafficking case is complete before the three-year mark.
To adjust status, you must show that you have been a person of good moral character, have complied with reasonable requests from law enforcement, and would suffer extreme hardship involving unusual and severe harm if removed. After receiving a green card, you may eventually apply for U.S. citizenship after five years of lawful permanent residence.
Key Takeaway: A T visa provides work authorization, access to federal benefits, and a path to a green card and eventual citizenship. Qualifying family members can also receive derivative T visa status, and the 2024 bona fide determination process offers interim protections while your case is pending.
Both the T visa and U visa provide immigration relief to crime victims, but they serve different purposes and have different requirements. Understanding the distinction can help you determine which form of relief best fits your situation.
The T visa is specifically for victims of severe human trafficking, either sex trafficking or labor trafficking. The U visa is available to victims of a broader range of qualifying crimes, including domestic violence, sexual assault, kidnapping, and trafficking, among others. A key difference is the law enforcement certification requirement. U visa applicants must obtain a signed certification from law enforcement on Form I-918, Supplement B, confirming that the victim was helpful in the investigation or prosecution. T visa applicants may submit a law enforcement declaration on Form I-914, Supplement B, but it is not strictly required, and other credible evidence may be submitted instead.
The annual cap also differs. Congress limits the number of T-1 visas to 5,000 per fiscal year for principal applicants, though derivative family member visas are uncapped. The U visa cap is set at 10,000 per fiscal year. Both visa types offer paths to lawful permanent residence and eventual citizenship.
In some cases, a trafficking victim may qualify for both T and U visa relief. An immigration attorney can help you evaluate which option provides the strongest case and the most beneficial outcome for your circumstances.
Rajat (Raj) Shankar, Esq., is a Nassau County immigration attorney whose work is shaped by his own experience as an immigrant. He came to the United States at eight years old, obtained his green card, and later became a U.S. citizen. Raj earned his J.D. magna cum laude from Touro College Jacob D. Fuchsberg Law Center in 2012 and was admitted to the New York bar in 2013. He has experience across all areas of immigration law, including Cancellation of Removal, Asylum, Deportation Defense, and Employment-Based Immigration.
At Shankar & Associates PC, Raj and his father, attorney Srinivas Jayashankar, bring over 45 years of combined immigration experience. The firm offers flat-fee billing with no surprise costs, and both senior attorneys personally handle every case. Clients value the firm’s accessibility, honest communication, and commitment to understanding each client’s unique circumstances.
New York has established a network of agencies and nonprofit organizations to support trafficking victims. These resources can help with safety planning, housing, legal services, medical care, and emotional support.
The National Human Trafficking Hotline is available 24 hours a day, 7 days a week, in more than 200 languages. You can reach the hotline by calling 1-888-373-7888, texting “BeFree” to 233733, or submitting an online tip. The hotline connects survivors to local service providers and can help you understand your options.
In Nassau County, the Nassau County District Attorney’s Office operates a tip line for reporting human trafficking at (516) 571-7755. The Nassau County Human Trafficking Intervention Court uses a victim-centered approach that diverts survivors from the criminal justice system into counseling and support services. The Safe Center LI, designated by Nassau County’s Department of Social Services as a primary referral source for trafficking cases, provides crisis counseling, case management, legal referrals, and shelter assistance.
The New York State Interagency Task Force on Human Trafficking, co-chaired by the Office of Temporary and Disability Assistance (OTDA) and the Division of Criminal Justice Services (DCJS), coordinates statewide efforts to identify and serve trafficking victims. The OTDA’s Response to Human Trafficking Program funds 10 regional service providers across New York that offer culturally appropriate, trauma-informed case management, including shelter assistance, health assessments, medical care, and mental health counseling.
For immigration appointments, the USCIS may schedule interviews at local field offices (by appointment only). In this region, the USCIS operates a Queens Field Office in Long Island City and a Long Island Field Office in Holtsville. Always rely on your USCIS notice and the USCIS office locator for the exact address and any closure updates.
Key Takeaway: Trafficking survivors in New York can access free, confidential resources through the National Human Trafficking Hotline (1-888-373-7888), the Nassau County DA’s tip line, The Safe Center LI, and the state’s Response to Human Trafficking Program. These services are available regardless of your immigration status.
USCIS processes T visa cases at a service center, and processing times can vary. In recent years, the demand for T visa relief has increased significantly. The USCIS received approximately 8,598 T-1 nonimmigrant status petitions in fiscal year 2023, and application volumes continued to rise through 2024.
Despite the 5,000 annual cap on T-1 visas, the USCIS has historically approved fewer than the maximum number in any given year. In fiscal year 2023, the agency approved 2,181 petitions while denying 638, leaving a growing backlog of pending applications. At the time of the 2024 final rule, USCIS had approximately 9,394 pending T-1 applications, representing nearly two years’ worth of the annual cap.
The bona fide determination process introduced in August 2024 can provide significant interim relief. If your application is deemed bona fide, you may receive deferred action and employment authorization while the USCIS completes its full review. This means you can work legally and access federal benefits without waiting for a final decision on your T visa application.
An immigration attorney can help you prepare a thorough, complete application that minimizes delays caused by requests for evidence. Responding promptly to any USCIS requests for additional documentation is also critical for keeping your case moving forward.
Shankar & Associates PC can file a complete, well-supported T visa application aimed at reducing delays and can respond quickly to USCIS requests for evidence. Call (800) 461-1467 to discuss your timeline and next steps.
Yes. You can file a T visa application with USCIS even if you are currently in removal proceedings before an immigration judge. Immigration judges do not have jurisdiction to adjudicate T visa applications, so your case must go through USCIS regardless of your court proceedings.
If USCIS issues a positive bona fide determination on your application, any final order of removal, deportation, or exclusion is automatically stayed under 8 C.F.R. § 214.205(g). This administrative stay remains in effect until any adverse decision on your T visa application becomes final. This protection is critical for survivors who may have been placed in removal proceedings before they were identified as trafficking victims.
It is also important to know that USCIS treats T visa applications with strict confidentiality protections. Under federal law, information from your T visa file generally cannot be disclosed to third parties, including your trafficker, without your consent. This confidentiality extends to any information about your immigration status, your cooperation with law enforcement, and the details of your trafficking experience.
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If you are a survivor of sex trafficking, seeking legal protection is an important step. You may be facing trauma, concerns about your safety, questions about your immigration status, or uncertainty about working with law enforcement. These issues can affect the options available to you and how your case moves forward. An attorney with experience in immigration law and cases involving trafficking can explain your rights, outline possible forms of relief, and help you take action with your safety and long-term stability in mind.
Immigration attorney Rajat (Raj) Shankar at Shankar & Associates PC has experience across all areas of immigration law, including humanitarian cases involving trafficking victims. Our immigration attorneys work directly with clients in Nassau County and throughout Long Island and New York, handling every step of the T visa process from evidence gathering and personal statement preparation to filing with the USCIS.
Call Shankar & Associates PC at (800) 461-1467 for a consultation. Our office is located at 518 Plainview Road in Plainview, New York, and we serve clients throughout Nassau County, Suffolk County, and the greater New York area.
A T visa provides temporary legal status, work authorization, and a path to a green card for victims of severe forms of sex trafficking. To be eligible, you must demonstrate that you are a victim of severe trafficking as defined by federal law, be physically present in the U.S. because of the trafficking, show that you would suffer extreme hardship if deported, and generally cooperate with law enforcement. However, critical exceptions to the law enforcement cooperation requirement exist for minors under 18 and survivors who have experienced severe physical or psychological trauma.
No, if you were under the age of 18 at the time of the trafficking, federal law does not require you to prove that force, fraud, or coercion was used. Because minors cannot legally consent to commercial sex acts, any individual under 18 who is induced to perform such acts is automatically classified as a victim of a severe form of trafficking. For adult victims, however, the government does require evidence establishing the use of force, physical restraint, fraud, or coercion.
The Bona Fide Determination (BFD) process is an initial review conducted by USCIS to see if your T visa application is properly filed, credible, and complete. Because standard processing times for T visas can be quite lengthy, a positive BFD allows USCIS to grant you deferred action and employment authorization while your full application is being adjudicated. This crucial interim relief allows you to work legally, stay protected from removal, and access certain federal benefits without having to wait years for a final decision on your case.
Yes, you can confidently apply for a T visa through USCIS even if you are actively in removal proceedings before an immigration judge. If USCIS reviews your application and issues a positive “bona fide determination,” any final order of removal, deportation, or exclusion is automatically stayed while your case remains pending. Additionally, your application is protected by strict confidentiality laws, meaning your sensitive information and immigration status generally cannot be disclosed to third parties, including your trafficker.
Yes, certain family members can obtain derivative T visa status, which grants them their own employment authorization and access to the same benefits as the principal applicant. If you are under 21, you can petition for your spouse, children, parents, and unmarried siblings under 18; if you are 21 or older, you can include your spouse and children. Furthermore, if any of your family members face a present danger of retaliation due to your escape or cooperation with authorities, they may qualify for derivative status regardless of where they currently live.
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